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Legal guardianship means a court grants someone other than a biological parent the right to care for a minor. Custody (most often) generally describes a parent caring for his or her own child.
Legal guardians have the same rights as biological parents, but a legal guardian is not always a child's mother or father and may or may not be related to a child by blood. For example, a grandparent might be appointed a child's legal guardian if for some reason a child's mother and father cannot care for a child.
The requirements and restrictions vary in each state; however, in Mississippi, your document will require notarization. If your agent will have the authority to manage real estate transactions, the Power of Attorney will need to be acknowledged by a notary and recorded or filed with the county.
The petition must state the person for whom and the reason a guardianship/conservatorship is sought. It must also include the prescribed due process language to ensure the ward is aware of his/her rights. The petition must be served on the proposed ward at least seven days prior to the hearing along with the summons.
(2) A petition under subsection (1) must comply with the requirement for an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972) and must also include: (a) The name and address of any attorney for the parents of the minor; (b) The reason ...
In order to file for Mississippi guardianships, you'll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.
A legal guardian is someone who is appointed by the court to take responsibility for another person, known as a "ward." A ward can be either a child or an adult who for some reason cannot manage his own affairs. Although you can appoint a guardian in your will, the probate court is not obligated to accept your choice.